Preliminary investigation

If a criminally relevant issue becomes known, the police will check on behalf of the public prosecutor in Preliminary investigation whether there is sufficient suspicion against an accused. The law enforcement authorities are also obliged to determine exonerating circumstances.


Investigative measures are in particular

  • Hearing of witnesses
  • Interrogation of the accused
  • House search
  • identification measures (fingerprints, photographs)
  • Telephone surveillance
  • Observation


If there are sufficient actual indications for the existence of a Offense obliged to investigate.


Unless the Public prosecutor after the investigation of a sufficient suspicion goes out, a accusation or a Penalty order .

Examination of the accused - no testimony without inspection of the files!


In the preliminary investigation, the course for the outcome of the criminal proceedings is laid. Careless statements can have very negative consequences. In particular, the accused of a criminal offense is not obliged to comment on the matter and has a comprehensive Right to remain silent !


Please contact me immediately if you are invited to a Interrogation of the accused or sending a Suspect interrogation sheet. Experience has shown that the accused talk to each other - without legal assistance - to "head and shoulders" without noticing.


What can I do for you in the investigation?


  • First of all, I will inform the police that you will not appear for the hearing of the accused (no negative conclusions may be drawn from this!) And at the same time request access to the files.
  • I will use the witness statements, photos, sketches and statements in the investigation file that you may have made at the scene of the crime. the police officer - here too you have a comprehensive right to remain silent! - evaluate.
  • I will discuss the findings from the investigation file with you and define the further defense strategy with you.
  • I will regularly - in coordination with you - work towards a closure of the proceedings so that there are no legal proceedings.

Setting options in the preliminary investigation


in the Preliminary investigation there is the possibility from various points of view to work towards a suspension and thus termination of the criminal proceedings without a court hearing. So contact me as early as possible so that I can work towards a position. The most important setting options are:


  • Discontinuation due to insufficient suspicion, § 170 Abs. 2 StPO: The initial suspicion of a criminal offense cannot be confirmed by the investigation. The hiring according to § 170 Abs. 2 StPO is to be equated with an acquittal in the main hearing
  • Suspension due to insignificance, § 153 StPO: A suspension on the grounds of insignificance comes into consideration if the guilt of the perpetrator is considered to be minor, there is no public interest in prosecuting the offense and the offense is a misdemeanor
  • Discontinuation by imposing a condition or instruction, § 153 a StPO: A cessation by imposing a condition or instruction is possible if the act pursued is a misdemeanor and the public interest and the severity of the guilt do not conflict with a cessation of the proceedings and all parties agree. Often the condition consists in the payment of a sum of money to the state treasury or to a non-profit organization. This is what it is Not a punishment!